You toured the model, and the quartz countertops caught the light perfectly. The kitchen backsplash matched everything you imagined, and the outdoor screen enclosure looked like something from a resort. You were ready to sign before you left the building. That is the exact moment to slow down and look closer.
In new construction, the model home is a fully loaded marketing tool. What ends up in your contract could be completely different. The gap between those two realities is where expensive surprises live.
St. Johns County buyers need to understand new construction contract terms before signing. Ideally, they should know them before they ever go to a model home. That can save you from finding out some of the features you fell in love with were never included in the price.
The model home is a showroom designed to sell upgrades. It likely does not reflect the home in your contract. Every new construction buyer in St. Johns County should review the included features list line by line before signing. Standard finishes can differ significantly from what the model shows. Features like fencing, appliances, and rate buydowns are negotiable; contract language typically is not.
The Difference Between the Model and the Contract
Every builder provides an included features list covering the finishes, appliances, fixtures, and structural elements that come standard in the home you are purchasing. That list and the model home showroom are two separate realities, and the distance between them can be significant.
The model is fully loaded, staged by a designer with every upgrade the builder offers, finished at a level designed to make you feel something. The included features list reflects what is actually in the contract, and the two can be very different.
The same scene plays out more times than can be counted in St. Johns County. A buyer falls in love with a model, sits down with the builder's sales rep, and signs a contract. Most people don't go line by line through the included features list first.
What follows is almost always the same conversation. Somewhere between framing and closing, the buyer realizes the home being built looks different from the home they toured.
"Every builder gives a list of included features, but people in their mind have what that model home looks like and they think that's what they're going to get. The majority of the time, what they're going to get is a fraction of what they see. A lot of times agents are just so happy to get the deal. But I always take time to make sure the customer understands what they're really heading into." – Laura Ranneklev, Broker Owner, REMAX Welcome Home
The Substitution Clause Nobody Talks About
New construction contracts typically include language that lets a builder substitute materials or specifications without buyer approval. This may occur when supply issues make an item or material unavailable, creating delays. This is one of the most consequential new construction contract terms a buyer can overlook.
During the COVID years, this clause became a genuine battleground. Buyers promised name-brand HVAC systems were told they would receive lesser units because the original units were unavailable.
My team held the line for a client in exactly that situation. The builder wanted to install a no-name air conditioning unit. I refused to accept the substitution as an adequate replacement for what the contract specified and what the builder's own marketing materials had promised. Motivated to close, the builder sourced a unit that was actually an upgrade over the original specification.
The Real Leverage Is in the Features, Not the Terms
Buyers often ask whether they can negotiate contract terms, not just price. Builders rarely move on contract language. That is their legal architecture, and it is not going anywhere.
Where there is room to negotiate is in the features. You might get a fence, garage door opener, blinds, appliances, or a rate buydown that meaningfully reduces the monthly payment. Those are real wins that deliver value without touching the list price.
I recently negotiated closing costs and a mortgage rate buydown out of a builder in Silverleaf's Evergreen section. The young couple had come in believing they could only afford a townhome. They walked away under contract on a four-bedroom home with a yard, a fence, a gated address, and a St. Johns County school district assignment.
"The builders are so agreeable now because they're looking for deals too. They will look outside the box. They will do a fence or they will give you a good rate buydown. Features for price; they're always very negotiable. But as far as the contract terms themselves, the builder's not going to negotiate on those unless it's to their benefit." – Laura Ranneklev, Broker Owner, REMAX Welcome Home
Not sure what is negotiable in your specific community or with your specific builder? Reach out to the REMAX Welcome Home team before you sit down with the sales rep, since that conversation costs nothing and can save thousands.
Builders Currently Active in St. Johns County
St. Johns County is one of Florida's most active new construction markets. Toll Brothers, David Weekley, ICI, Dreamfinders, Mattamy, and others operate here. Each builder has its own contract structure, substitution language, and approach to concessions. Knowing those differences before you walk into a sales office is the kind of preparation that separates a clean transaction from an expensive lesson.
The sales representative across the table works for the builder. The National Association of REALTORS® buyer representation guidelines outline why independent representation matters. In a transaction where one party employs the only agent in the room, that independence is everything.
An experienced buyer's agent who knows the local market and each builder's playbook is the counterweight that protects your interests. That counterweight is free to you in most new construction transactions.
Skipping the Included Features Review Has a Cost
This happens to new construction buyers way too often. They walk the model home, and that's the vision that takes hold in their mind. Somewhere between framing and closing, they realize the countertops in the model cost $4,000 more than the countertops in the contract.
What the buyer doesn't realize is that they agreed to those standard countertops at signing. It isn't even just the counters. It could be blinds, landscaping packages, flooring, upgraded appliances, and more.
These differences are not hidden. You'll find it all laid out in the contract. But these are lengthy documents. The sales office is exciting, and most agents and buyers are focused on getting to the signature line. Few slow down to read every item on the included features list aloud.
The line-by-line review takes time and isn't the most exciting part of the process. However, it prevents the expensive, demoralizing conversation that follows when expectations and reality diverge.
Florida's new construction disclosures are also governed by state statute. The Florida Department of Business and Professional Regulation oversees builder licensing and consumer complaint processes, a resource worth bookmarking before you close.
FAQs About New Construction Terms in St. Johns County
Is the model home the same floor plan as the home I will receive?
The floor plan may be the same, but the finishes will almost certainly be different. The model home is a fully upgraded showcase that includes every optional feature and premium finish the builder offers. The home you purchase is built to the specifications in your contract and included features list, which reflects standard selections. Upgrades cost extra and must be added explicitly before you sign.
What is a substitution clause in a new construction contract?
A substitution clause allows the builder to swap out specified materials, fixtures, or systems for alternatives without your explicit approval. This often happens due to supply chain issues or availability. The substitute product may be of lesser quality than what was originally specified. A buyer's agent who understands this clause can push back when a proposed substitution falls short of the contracted specification.
Can I bring my own real estate agent to a new construction purchase?
Yes, and it is strongly recommended, since a buyer's agent represents your interests exclusively, separate from the builder's sales representative. Most builders accept and work with buyer's agents, but you must register your agent on your first visit to the sales office to establish representation. So make sure to bring your agent before you tour.
What can I realistically negotiate with a builder in St. Johns County?
Builders in St. Johns County rarely negotiate contract language itself. What tends to move is features for price: closing cost contributions, mortgage rate buydowns, appliances, fencing, garage door openers, and window coverings. The willingness to negotiate depends on inventory levels and the builder's current sales pace. It also depends on your agent's knowledge of that builder's priorities at the moment you're writing the contract.
What are CDD fees, and how do they affect my new construction budget?
Community Development District fees are annual assessments that fund infrastructure and amenities in master-planned communities. In St. Johns County, CDD fees vary widely by community and by homesite. They range from a few thousand dollars a year to more in some neighborhoods, and they are added on top of property taxes and HOA dues. Many buyers focus on the home price and underestimate the total monthly cost of ownership once they factor in CDD fees. You can learn more in a recent post about how CDD fees affect buying power in St. Johns County.
Does hiring a buyer's agent cost extra in a new construction purchase?
In most new construction transactions, the builder pays the buyer's agent commission as part of the transaction. Buyers typically do not pay this fee out of pocket. Your agent's representation and advocacy during contract negotiations, the included features review, and construction walkthroughs cost you nothing directly.
What should I look for during a new construction walkthrough?
A pre-drywall walkthrough lets you verify structural elements, framing, and mechanical placements before walls close. A final walkthrough before closing should confirm that every contracted upgrade, every included feature, and every punch list item is complete and correct. Bringing your agent to both walkthroughs is important, since your agent has seen what builders miss and knows what to document.
How do new construction home warranties work in Florida?
Since July 1, 2025, Florida law requires builders to warrant a new home for one year against construction defects that cause a material violation of the Florida Building Code. Beyond that legal minimum, many builders offer coverage that commonly runs one year on workmanship, two years on systems like plumbing and electrical, and ten years on structural defects. Read the warranty documentation before closing and keep a copy, because warranty claims require written notice within specific timeframes.
Before You Sign, Talk to Someone Who Has Read These Contracts
The model home does its job well, but the contract determines what the builder delivers. Review the included features, understand the substitution clause, and negotiate where the room actually exists. That investment of time and attention can save you from some expensive surprises later.
My team at REMAX Welcome Home helps St. Johns County buyers navigate new construction from the first model tour through closing. Reach out to us before you tour a model or sit down with a builder's sales representative. The right representation can protect your interests throughout the entire transaction.
